Research On Immediate Judgement Mechanism

Since the new century comes, the fast development of our country’s economy and awaken of citizen’s rights awareness have initiated a big explosion of suits. Rapid expansion of judicial demand and urgent need of a sound legal system has become an increasingly heated. Faced with the rapid expansion of judicial demand, the situation of judicial resources in short supply, how to maximize the efficiency of the proceedings on the basis of ensuring basic justice, to obtain grester judicial interests with less cost, and to realize the dual justice in both procedures and results, are an important topic of judicial reform. Immediate judgement mechanism has made beneficial exploration in this aspect.Since the2001implementation of immediate judgement mechanism in Shanghai Pudong court practice, a growing number of grassroots courts have launched to simplify the proceedings, and to improve exploration and reform of judicial efficiency. After more than ten years of development, immediate judgement mechanism in the local courts have achieved good results. Immediate judgement mechanism has a specific scope of the expertise of the organizations, the proceedings of the streamlined and flexible, focusing on the characteristics of the mediation. Based on our specific historical background, immediate judgement mechanism and the basic functions of the Primary Court to adapt its help to promote the reform of the summary, and help to promote the establishment and development of multiple proceedings system and fit the trend of the international civil justice reform.Based on experience in trial practice in China’s national conditions and the speed of the immediate judgement mechanism, and through the system at home and abroad to obtain useful inspiration, immediate judgement in more than ten years of development is further recognized by the Supreme People’s Court. Immediate judgement mechanism under the shelter of the summary to survive in the cracks, due to various constraints, in practice, also revealed many problems. Immediate judgement mechanism is the lack of clear legal protection, the broad scope of the program option to reduce its maneuverability to reach the bottleneck immediate judgement efficiency, lack of uniform practices, lack of effective interface with the litigation dispute resolution mechanism.Construction of civil-immediate judgement mechanism, it is imperative to starting position given immediate judgement mechanism independent from the legislative level, the most important matter to the real effect of the outstanding speed immediate judgement. In order to further improve the mechanism of immediate judgement from the case range, immediate judgement mechanism specialized agencies, the program starts the main procedural safeguards, the trial rules and procedures for conversion rights Remedy implementation, the judge’s assessment and management system in terms of the immediate judgement mechanism full build, and strive to achieve cost, the best match of the income.